Advice about a lease issue?

I just signed a new one year lease two months ago for my apartment, my previous lease ended at the end of the year. My rent went up $30 to $685 - that is what is on the lease that I signed for another year starting in january. I went to go pay my rent this month and it says $755. When I called them they said my first lease must have been a misprint and they wanted me to sign a new lease with the NEW increase. Now - they had me sign the new lease 2 months ago (they give you 2 months so if you aren't going to sign a new lease you can have time to find another place) and now they are saying if I don't sign a new lease I have to move out ASAP, which wouldn't be easy since I'd have to find a new place and get everything moved.

Can they just break the lease we signed and make me sign a new one because they jacked the price up since I signed that lease? I don't believe it was a "misprint" because it lists the price several times on the lease -including the total for a year and we even talked about the increase when I signed the new lease.

What can I do?

Look up tenant's rights in your state. Google your state plus "tenant's rights" and see if you can find a page detailing your rights within a lease. I am certain they cannot do this. But find some info, then put in writing what occurred, what the state says they can and cannot do, and mail it to them certiifed.

Start here:
http://www.hud.gov/local/ny/renting/tenantrights.cfm

Yep, it varies from state to state, but as far as I know they can't do that. Once a lease is signed at a certain rent amount, the rent is set. Even if they raise the amount a week later, YOUR amount is as stated in the lease.

But, look things up and maybe even find someone you can take your current lease to for a look-over. Be sure before you say, or sign, anything.

Is your lease agreement signed by the leasing office manager and you stating how long your lease is good for (and did you get a copy of it after everyone had signed it)? If so, I'd remind them that it's a binding contract and depending on their reply, suggest you may have to contact the state regarding finding out your rights and see if they change their tune.

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Originally Posted by rabernet

Is your lease agreement signed by the leasing office manager and you stating how long your lease is good for (and did you get a copy of it after everyone had signed it)? If so, I'd remind them that it's a binding contract and depending on their reply, suggest you may have to contact the state regarding finding out your rights and see if they change their tune.

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Yea, they are really lax about that stuff here but I'm crazy about bills and contracts and all that so I insisted it was done "right".

When I signed my lease we signed two copies - one for them and one for me to keep in my records. The lease period begins January 1, 2009 and ends December 31, 2009 and lists my total monthly rent as $685.

Also, I saw there was something about that a landlord has a month after a tenant accepts a renewal agreement but we have had this wrapped up and signed since mid October.

Wow! I'm sorry. I second what everyone is saying about looking up state info, etc. In the mean time, make sure the keep paying rent (the $685 as specified in your lease) on time so they can't try to get you on that.

Although every State and Municipality has varying laws and you must be sure of the laws that apply to you, it sounds to me like you have them. Don't leave the lease in your apartment. It might disappear while you are away.

A signed lease is a contract. You have a contract with them for the specified amount of time. Contact a lawyer if you can find one to advise you without much of a fee, or just tell the landlord that you would be happy to discuss the CONTRACT in a lawyer's office of your choosing. Put the contract in a bank safety deposit box.

I'm hoping I can get everything settled friendly like, ya know?

I don't want to spend the next year at odds with the apartment manager - I like as little drama as possible so this whole thing really irks me.

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Originally Posted by SecurityStacey

I'm hoping I can get everything settled friendly like, ya know?

I don't want to spend the next year at odds with the apartment manager - I like as little drama as possible so this whole thing really irks me.

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yes, but at the same time, it dosnt seem that they are being quite fair to you either. Put your foot down and tell them where its at. Tell them you have researched your laws ( and do so) and that they are under contract to provide housing for the timeperiod specified on the lease you already signed. Too bad for them. Dont let them jerk you around, being nice, does not always get things done.

i would go ahead and make extra copies of that lease you signed and then put em somewhere safe....

I would make the copies and all, but before you go pushing buttons make sure you are in 100% compliance with the lease. Some leases state no pets and even if your landlord verbally said it was OK to keep a herp they can use the contract and then you have a heck of a time proving the verbal agreement. Also lease information normally has some limit on pets and normally it is 1 or 2, this is designed to keep people from having 20 cats in a 1 bed room apartment and stinking the place up. Mammals need more room than herps, but most leases do not differentiate. If your Herps have you in violation of the contract or a state code they have you by the scruff of your neck and can pretty much do whatever they want to, signed lease or not. That is incase you can't create a situation that puts you in compliance.

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Originally Posted by Gloryhound

I would make the copies and all, but before you go pushing buttons make sure you are in 100% compliance with the lease. Some leases state no pets and even if your landlord verbally said it was OK to keep a herp they can use the contract and then you have a heck of a time proving the verbal agreement. Also lease information normally has some limit on pets and normally it is 1 or 2, this is designed to keep people from having 20 cats in a 1 bed room apartment and stinking the place up. Mammals need more room than herps, but most leases do not differentiate. If your Herps have you in violation of the contract or a state code they have you by the scruff of your neck and can pretty much do whatever they want to, signed lease or not. That is incase you can't create a situation that puts you in compliance.

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I agree with the above statements. While you are probably in the right about the amount you need to think long term as well. Fighting them (even though you are right) will almost for sure see you moving next year as they won't resign another one with you. Also, any compliance issues will almost surely get you booted too. While you are right they own the property and will more than likely find a way to get rid of you (mid-night inspections, in your apartment when you are out, etc.). It is a sucky situation when you have to rent. Good Luck.

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Originally Posted by lord jackel

(mid-night inspections, in your apartment when you are out, etc.). It is a sucky situation when you have to rent. Good Luck.

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those are all illegal in every stat that im aware of.


as for stacey it depends on the state and also the lease itself.
some leases have clauses for raising the rent some dont.
typically even then they would have to notify you in writing!
as for moving asap they would have to notify you also in writing and typically its 30 days you have from that point(depending on state).
just because your lease says something doesnt mean that its golden either!
state laws will always trump that lease.

you need to see if your apartment is rent controlled or rent regulated.


PETS
Tenants may keep pets in their apartments unless
their lease specifically prohibits it. Landlords may be able to
evict tenants who violate a lease provision prohibiting pets. In multiple
dwellings in New York City and Westchester County, a no-pet lease clause
is deemed waived where a tenant "openly and notoriously" kept a pet for
at least three months and the owner of the building or the owner’s agent
had knowledge of this fact. However, this protection does not apply to
public housing or where the animal causes damage, is a nuisance, or
substantially interferes with other tenants. NYC Admin. Code § 27-
2009.1(b); Westchester County Laws, Chapter 694

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Originally Posted by nixer

those are all illegal in every stat that im aware of.

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It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.

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Originally Posted by lord jackel

It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.

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actually i didnt but the fact is that its not legal its right in the link that was posted earlier as it is in almost every state. no matter what the lease says!

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Originally Posted by wolfy-hound

A signed lease is a contract. You have a contract with them for the specified amount of time. Contact a lawyer if you can find one to advise you without much of a fee, or just tell the landlord that you would be happy to discuss the CONTRACT in a lawyer's office of your choosing. Put the contract in a bank safety deposit box.

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I agree 100% with this. In TX it is in the lease you both signed that is how it is mis-print blatant stupidity it does not matter a contract is a contract and every one has to follow it.

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Originally Posted by lord jackel

It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.

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Own or not it's breaking and entering if the property is occupied, alot of landlords believe since they own the property it's ok to come in anytime that is INCORRECT and you can SUE and get alot of money for stuff like that. You can even stretch the truth and say you were naked as you just stepped out of the bathtub and the owner barged in, he has no proof that never happened and could get into very serious trouble.

On topic a lease is a lease if he signed a contract and his one month trial is out since you said you renewed a few months ago he can't do that, don't let them intimidate you conact an attorney if they persist and seek legal action I bet you they back down.

My pets are written into the lease - I had them added so it would never come up as an issue.

As for coming into my apartment when I'm not there - it is actually illegal to do - but it wouldn't matter anyways since I don't violate my lease at all.

I'm hoping when they realize I'm not stupid and I'm not going to back down they will back down and give me the "oops - its a mistake" routine and everything will be fine. I meet with her tomorrow.

As for "long term" my apartment is already over priced - I was willing to stay for $30 more a month because I like it - but only barely. Had it been another $100 a month I wouldn't have renewed my lease.

I'm very sorry to hear about this Stacey. I wish I could help you. :(

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Originally Posted by Earl

I'm very sorry to hear about this Stacey. I wish I could help you. :(

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Can I come stay with you if I get kicked out? :clap::halohorn:

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Originally Posted by SecurityStacey

Can I come stay with you if I get kicked out? :clap::halohorn:

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Of course! I always take care of my peoples.

Hey all - thanks for all the advice and what not.

I went and talked to them today - I went all prepared with my signed lease, a run down of the tennant law from a building inspector friend and a number to an attorney if need be and well.... I'll just say they backed down in a hurry. She back tracks and says she must have added wrong and got $755 instead of $685 when she added $30 to my last amount... which makes no sense but hey, there was no conflict so I'm happy.

Thanks again for all the help!

Glad to hear you handled this right Stacey. It's amazing how fast idiots like that will back down when they are presented with a calm but firm explanation of the facts.

One little thing though. Is this person an employee of some sort of company that owns your rental? I'm hoping that she isn't running any sort of scam where she forwards the agreed amount as per leases and pockets this "extra" that she "added wrong". I hate to be the suspicious sort but a number of years ago I rented in a complex that had that sort of problem with the onsite property managers. There were a lot of tenants that had to go back and prove what they had paid in order to seek compensation (and for some of them even prove that they were not in arrears on their rent which they had been paid but the crooks reported as unpaid).

It's a good lesson to get it all in writing, always get a receipt, and know how to calmly stand up for your rights as a tenant. Glad to know it's worked out well for you because you planned well in advance. :)

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Originally Posted by frankykeno

Glad to hear you handled this right Stacey. It's amazing how fast idiots like that will back down when they are presented with a calm but firm explanation of the facts.

One little thing though. Is this person an employee of some sort of company that owns your rental? I'm hoping that she isn't running any sort of scam where she forwards the agreed amount as per leases and pockets this "extra" that she "added wrong". I hate to be the suspicious sort but a number of years ago I rented in a complex that had that sort of problem with the onsite property managers. There were a lot of tenants that had to go back and prove what they had paid in order to seek compensation (and for some of them even prove that they were not in arrears on their rent which they had been paid but the crooks reported as unpaid).

It's a good lesson to get it all in writing, always get a receipt, and know how to calmly stand up for your rights as a tenant. Glad to know it's worked out well for you because you planned well in advance. :)

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I honestly don't think she would be smart enough to run that kind of scam, but you never know with people these days. I wouldn't put it past her - especially with how quickly she backed down when I didn't just go along.

As for covering my own butt... I pay online through the "parent" company that owns my rental - I never felt comfortable handing the apartment manager a check with no way to make sure it went through to the parent company. I'm more comfortable this way, especially now that you mentioned that kind of scam.

I'm glad it all worked out. :)

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Originally Posted by Earl

I'm glad it all worked out. :)

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me too ;)

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Originally Posted by Earl

I'm glad it all worked out. :)

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Originally Posted by lenastorms

me too ;)

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You guys are only glad because I was gonna come stay with one of ya if I got kicked out. :P

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Originally Posted by SecurityStacey

You guys are only glad because I was gonna come stay with one of ya if I got kicked out. :P

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You wouldn't want to live with me anyways. My toe nails are green, my teeth are yellow, I have hair on my tongue, I smell my own farts, and if I drop food on the floor I pick it up and eat it! :O